In 2010, the Prime Minister announced a review of intellectual property law, led by Professor Ian Hargreaves, to ensure that it was 'fit for the internet age'.
In 2011, the review proposed changes to improve the use of copyright works in a digital context, ensuring that rights could be licensed speedily and protected effectively.
The review also challenged the government to create modern copyright exceptions that would assist non-commercial research, teaching, library archiving and data mining and take into account recent technological changes.
What did the review achieve?
Teaching
The law now enables higher education institutions to make use of multimedia teaching and distance learning without fear of infringing copyright. This includes allowing the use of certain artistic works, films and sound recordings, which reflects modern and innovative teaching methods.
Research
Extracts from all types of published copyright works can also now be copied for non-commercial research purposes, including films, broadcasts and sound recordings. Libraries, educational establishments and museums can offer access to these works via electronic terminals for research and private study.
Archiving
Archives can now make copies of all types of works in their permanent collections in order to preserve them where they cannot otherwise be easily replaced, including sound recordings, films, broadcasts and photographs.
Data Mining
Text and data mining of copyright work for non-commercial research and analysis is now permitted without having to obtain the consent of the work's owner, provided the researcher first acquires a copy of the work lawfully.
Orphan Works
A new scheme has also been introduced which enables the use of copyright works, be it for research or commercial purposes, where it is not possible to obtain permission from the copyright owner because their identity is unknown.
The scheme involves the granting of licences by the UK Intellectual Property Office in return for fees, which are then held for the copyright owner in case they come forward in the future. Extensive due diligence must be undertaken before applying for a licence to try to identify the authors of the works and obtain licences directly from them where possible.
This scheme went live at the same time as an EU directive which enables cultural institutions to digitise certain types of orphan works for non-commercial purposes and display these on their websites. The UK's scheme is more ambitious though, permitting both commercial and non-commercial exploitation of all types of copyright work, and creating an opportunity for rights owners to collect revenues from licensing.
Extended Collective Licensing
The review also recommended that existing copyright collection societies extend the scope of their activities beyond licensing works on behalf of their members, to all works in their field of operation, subject to individual non-member copyright owners having a right to opt out of the scheme.
Legislation that allows for this is now in place, although it is not clear what appetite collecting societies have to play this role.
The review also highlighted the need to regulate collection societies to ensure that they operate fairly and openly, and there is a forthcoming EU directive on these societies aimed at facilitating cross border licensing.
Copyright Hub
Finally, the review recommended a cheaper and more effective forum for licensing copyright works, which recognises that whilst it is easy to find visual, musical and literary content online, it can be much harder to identify its owners and obtain permission to reuse such content.
The 'Copyright Hub', a new kind of exchange for digital content users, is currently being developed with support from government and industry bodies. Research continues on ways to identify different types of copyright works, link them with their owners and develop a low cost licence exchange.
Other Changes
Recent legislative changes have also: